IN THE CASE OF: BOARD DATE: 7 April 2015 DOCKET NUMBER: AR20140014032 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests that he be awarded the Combat Infantryman Badge (CIB). 2. He states: a. He should be awarded the CIB due to his service to his country and to the Republic of Vietnam (RVN). b. Although his military occupational specialty (MOS) was "31B20 Infantry Radio Maintenance," he deserves award of the CIB, because he served with the "2/7th Cavalry Infantry Air Mobile" in the RVN and spent 354 days in the field in a combat zone. c. He has a war-related Department of Veterans Affairs disability and believes the CIB was overlooked. Although he was a radio operator, he was also on assignment with the long-range reconnaissance platoons, called in air strikes, performed guard duty, was on field patrol, and flew as a gunner on a Huey. d. This has haunted him for many years and he just recently discovered a way to make it right. 3. He provides a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. On 8 June 1966, the applicant was inducted into the Army of the United States. After completing initial entry training, he was awarded MOS 31B (Field Communications Electronics Equipment Mechanic). 3. During his service in the RVN, he was assigned to Headquarters and Headquarters Company, 2nd Battalion, 7th Cavalry, 1st Cavalry Division from 18 December 1966 to 9 December 1967. He served in MOS 31B throughout this period. 4. He was honorably released from active duty on 7 June 1968. His DD Form 214 does not list the CIB among his authorized awards. 5. His records do not contain orders awarding him the CIB. Additionally, item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show the CIB. 6. Army Regulation 600-8-22 (Military Awards) states the CIB is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS. They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size. Additionally, Appendix V of U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) states that during the Vietnam era the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H. DISCUSSION AND CONCLUSIONS: 1. There is no evidence showing the applicant held an infantry MOS while he was assigned to a infantry unit of brigade, regimental, or smaller size Therefore, he does not meet the regulatory requirements for the award of the CIB. 2. A determination that the applicant is not eligible for the CIB in no way diminishes his honorable service to our nation. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____X____ ___X_____ ___X_____ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. _______ _ __X____ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. ABCMR Record of Proceedings (cont) AR20140018662 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140014032 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1